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Care and corporate neglect: the case for action

Care and corporate neglect: the case for action Purpose – This paper intends to explore how corporate bodies could be held criminally responsible for abuse and neglect that takes place in hospitals and care homes if by their actions they facilitate this abuse or neglect to take place. It explores current domestic and international law and seeks to find precedents and guidance that would allow the Government to create a new criminal sanction for “corporate neglect”. Design/methodology/approach – The paper provides a review of existing legislation and regulation on corporate neglect in hospitals and care homes. Findings – The paper proposes that the Health and Social Care Act 2008 be amended to include a new section which would make corporate neglect a criminal offence. Furthermore, to ensure that the punishments for these offences act both as appropriate sanction and a suitable deterrent for corporations, the author proposes that new offences should be implemented to include unlimited fines, remedial orders and publicity orders. Originality/value – Following a number of recent scandals in care homes and hospitals, including Winterbourne View and Mid Staffordshire, it is clear that there is a legislative and regulatory gap in the ability to hold corporate bodies to account for neglect or abuse that occurs in their institutions. This must now be urgently addressed. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Journal of Adult Protection Emerald Publishing

Care and corporate neglect: the case for action

Paul Burstow
The Journal of Adult Protection , Volume 15 (4): 12 – Aug 2, 2013
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12 pages

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Publisher
Emerald Publishing
Copyright
Copyright © 2013 Emerald Group Publishing Limited. All rights reserved.
ISSN
1466-8203
DOI
10.1108/JAP-04-2013-0017
Publisher site
See Article on Publisher Site

Abstract

Purpose – This paper intends to explore how corporate bodies could be held criminally responsible for abuse and neglect that takes place in hospitals and care homes if by their actions they facilitate this abuse or neglect to take place. It explores current domestic and international law and seeks to find precedents and guidance that would allow the Government to create a new criminal sanction for “corporate neglect”. Design/methodology/approach – The paper provides a review of existing legislation and regulation on corporate neglect in hospitals and care homes. Findings – The paper proposes that the Health and Social Care Act 2008 be amended to include a new section which would make corporate neglect a criminal offence. Furthermore, to ensure that the punishments for these offences act both as appropriate sanction and a suitable deterrent for corporations, the author proposes that new offences should be implemented to include unlimited fines, remedial orders and publicity orders. Originality/value – Following a number of recent scandals in care homes and hospitals, including Winterbourne View and Mid Staffordshire, it is clear that there is a legislative and regulatory gap in the ability to hold corporate bodies to account for neglect or abuse that occurs in their institutions. This must now be urgently addressed.

Journal

The Journal of Adult Protection – Emerald Publishing

Published: Aug 2, 2013

Keywords: Safeguarding; Older people; Learning/intellectual disabilities; Elderly people; Nursing homes; Institutional care; Hospitals; Elder care

References

  • Culture of cruelty
    Brown, L.; Brooke, C.
  • Factors associated with abuse in residential child care institutions
    Colton, M.
  • Winterbourne view hospital: a serious case review
    Flynn, M.